George Simons | June 26, 2024
Edited by Hannah Locklear
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: You have 21 days to respond to a debt collection lawsuit in Colorado, and you must pay a fee ranging from $80-$192 to file your Answer document in the court. Use SoloSuit to draft and file your Answer in just 15 minutes.
“Man, I can't wait for this collector to sue me!” — said no one ever.
Responding to a debt lawsuit in Colorado might seem intimidating at first, but it's easier than you might think. a little bit easier and tells you how to Answer a Summons for debt collection in Colorado.
Below, you'll find helpful topics on how to Answer a Summons for debt collection in Colorado. This list includes information specific to filing in Colorado, like state deadlines, forms, and filing fees.
Let's jump right in.
Sued for debt in Colorado? SoloSuit can help you file an Answer into your case before the 21-day deadline.
Start my Answer.Colorado Rules of Civil Procedure Rule 12(a)(1) states:
“A defendant shall file his answer or other response within 21 days after the service of the summons and complaint.”
In other words, you have 21 days to file an Answer to a debt collection lawsuit in Colorado. The clock starts ticking after you have officially received the court documents notifying you of the lawsuit, also known as the Summons and Complaint.
If you don't respond to the lawsuit within the deadline, you run the risk of having a default judgment ordered against you. With a default judgment granted, debt collectors can garnish your wages and seize your property.
This is why it's so important to respond to debt collection lawsuits before the deadline.
The easiest and fastest way to draft a response to a debt collection lawsuit is this Answer form. SoloSuit walks you through the process of drafting your Answer in minutes. All you have to do is respond to a few questions about the case.
Here's a sample of SoloSuit's Answer form.
If you would rather draft your own Answer, you can fill out the Colorado Answer form instead. This process might be a little less straightforward, but there are tools on Colorado's judicial branch website that can walk you through it.
Some states charge an Answer filing fee, and Colorado is one of them.
Unfortunately, you must pay a filing fee in Colorado for the court to accept your Answer and file it into the case records. If you try to send your Answer without paying the fee, the court will simply reject it.
Here are Colorado's civil filing fees:
If you cannot afford to pay the Answer filing fee, you can request that the court waive your fees by filing a JDF 202 form.
To begin the lawsuit, the debt collector (known as the “plaintiff”) will serve you with two documents either by mail or in person. These documents are called the Summons and Complaint. The Summons notifies you of the case, while the Complaint lists the specific allegations being made against you.
In Colorado, you have only 21 days to respond by filing an Answer document. Here are three steps to help you draft your Answer and respond to the Complaint:
Let's check out each step. Don't like reading? Watch this video instead:
Answering the complaint can be scary, but with these instructions, it will be simple.
The first section of your Answer should focus on responding to the allegations outlined in the Complaint document. Find the numbered list of allegations in the Complaint and then decide how you want to respond to each one. You should list your responses in a corresponding, numbered list.
You can answer each allegation in one of three ways:
Many attorneys recommend making a general denial, where you deny everything in the Complaint and force the other side to prove everything. You can use SoloSuit's Answer form to respond in minutes or Colorado's form, following its instructions.
After you've responded to each allegation, you're ready to move on to the next section of your Answer document: where you assert your affirmative defenses.
An “affirmative defense” is a reason why the person suing doesn't have a case.
More specifically, Colorado Rules of Civil Procedure Rule 8(c) states:
“In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. Any mitigating circumstances to reduce the amount of damage shall be affirmatively pleaded.”
This is the fancy, legal way to say that if there is any reason the debt collector or creditor suing you shouldn't win, you must affirmatively state it in your Answer document. Here are some common affirmative defenses used in debt collection cases:
You should note that not being able to pay the debt is not a valid affirmative defense.
As you can see from the Rule 8(c) cited above, there is a technical way to state your affirmative defenses in your Answer. SoloSuit can help you include your affirmative defenses with the right legal jargon.
Make the right affirmative defense the right way with SoloSuit.
Believe it or not, a lot of people get this far and then never actually file their Answer. Don't be one of those people.
Here's what you need to do to properly file your Answer:
The address for both should be in the Summons and Complaint you received in the mail. Remember, you have 21 days to file your Answer.
SoloSuit can file your Answer for you in all 50 states.
Debt settlement involves offering less than the total value of the debt. Creditors will often agree when the debt is too small to justify taking you to court or when the offered settlement amount saves them time, legal expenses, and the hassle of a lawsuit.
You have a few options when settling a debt. You can pursue it on your own, or you can hire a debt settlement company. You can also choose to utilize a tool like SoloSettle, which leverages technology to help you initiate, track, and manage the debt settlement process.
Whichever route you choose, there are three primary steps to settle debt in Colorado.
There are advantages to hiring a debt settlement company. A reputable debt settlement company should know how to negotiate for the lowest settlement possible with each of your creditors, and they handle the back-and-forth negotiations and make payments for you until the settlement is fulfilled.
However, their great marketing and slick promotional materials often fail to disclose the downside of using such a service. The first step a debt settlement company advises is to stop paying your creditors and deposit the money you would have used to pay creditors into this “savings account” managed by the debt settlement company.
While this is happening, all your accounts become delinquent while the debt settlement company works to negotiate a plan. Meanwhile, your credit score will continue to decline, and it can take years to rebuild after completing the debt settlement process.
Whether you decide to use a debt settlement company, attempt to settle on your own, or use a tool like SoloSettle, there are some things you should know about debt settlement.
In the following video, we interview a licensed attorney and ask for tips on how to negotiate debt settlement on your own.
If debt settlement is not the right choice, or if your creditor is unwilling to participate in settlement talks, you still have other options for debt relief. Let’s explore those below.
Like other American consumers, Colorado residents feel the strain of rising inflation, soaring home prices, and other economic pressures. As a result, many consumers have accrued an uncomfortable amount of debt and are seeking debt relief options.
Colorado debt relief options include:
We’ll explore each option so that you can decide which is the best option for your situation.
Non-profit debt consolidation and credit counseling programs are available for Colorado residents. Visit InCharge to speak with a counselor and explore your options.
Colorado also offers medical, low-income housing, and food assistance. You can explore what assistance you may be eligible for by visiting the PEAK website. While these services are not debt relief, they may help relieve some of your financial burden, leaving more money to put toward reducing debt.
A debt consolidation loan can allow you to pay off all your unsecured debt. Ideally, the loan would have a lower interest rate than what you currently pay on your unsecured debt. However, as interest rates continue to climb, it’s crucial that you make sure you don’t jump from the frying pan into the fire. Though making one monthly note and only dealing with one lender may seem like the best solution, it’s crucial that you:
Remember that taking out a debt consolidation loan is not a quick fix for debt relief. To solve your debt problem, you have to pay off the loan without acquiring new debt.
You can research debt consolidation by exploring new credit cards with an introductory 0% APR, but make sure you can make the payments on time and have the debt repaid before the introductory rate disappears.
You may also be able to secure a personal loan at a lower interest rate than what you’re paying on your unsecured debt.
Consolidating your debt with a loan can help you feel more in control of your finances and reduce the stress of dealing with multiple creditors. It may also save you money by borrowing at a lower interest rate and eliminating late fees and other costs.
Like we mentioned in the previous section, debt settlement is a great way to find debt relief in Colorado. It allows you to pay off a portion of the debt owed to clear your name of it. In this sense, debt settlment can be a win-win situation: the collectors gets some money, and you save some.
Here's our guide on how to settle a debt in 3 steps that will teach you the best tactics to negotiate debt and come to an agreement, all while protect your consumers rights.
There are debt management and debt relief programs that can help you create a customized plan to get out of debt.
A good debt management company will offer credit counseling to help consumers learn responsible debt management techniques moving forward. These agencies can create a personalized plan to help you get out of debt by working with credit card companies and other creditors to negotiate debt reduction. However, their services come with fees, so you need to factor in the costs when determining if this is the route you should take.
Not all debt counseling companies are credible; some exploit overwhelmed and stressed consumers. Before contracting with a company, ensure they are accredited by the National Foundation for Credit Counselling (NFCC). The Fair Trade Commission (FTC) also allows you to check that a company hasn’t been red-flagged. The FTC also warns of scams perpetuated against desperate consumers.
Asking a creditor to forgive your debt is a long shot, but it doesn’t hurt to try. Some credit card companies and other lenders have programs that allow them some flexibility in working with consumers.
You will need to be prepared to be honest about your circumstances, such as health issues, family problems, or job loss. Even if they’re unwilling to forgive the debt completely, some compassionate lenders may be willing to reduce interest and fees or provide a longer timeframe for you to repay the debt.
Bankruptcy should be the last resort for debt relief. However, when all other methods have failed, it can give you a fresh start and alleviate the stress and worry of feeling like you’re drowning in debt. When you file bankruptcy, your debtors have to halt all collection attempts immediately.
Most consumers rely on Chapter 7 bankruptcy, which stays on your credit report for ten years. If you have significant assets to protect, Chapter 13 bankruptcy may be the right option for you–but it typically results in paying back a portion of what you owe.
The impact on your credit report cannot be overstated. You may find it hard to find a landlord who will rent to you, be unable to buy a car without paying outrageous interest, and find it impossible to get a mortgage.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Ask a Question.>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
If you've only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter. When a debt collector contacts you in any way, whether it's by phone or mail, you can respond by formally requesting a debt validation. The Debt Validation Letter notifies the collector that you dispute the debt and requires them to provide proof that you owe the debt. They can't call you or continue collecting until they provide validation of the debt. This flowchart shows how you can use a Debt Validation Letter to win.
Get started with a Debt Validation Letter here.
Before you agree to make any payments to a debt collector, you should check the statute of limitations on your debt first.
The statute of limitations is the time limit that a debt collector or creditor has to sue someone for a debt they owe. The statute of limitations clock starts to run on the date of your last payment on an account. This means that if a debt collector reaches out about an old debt, and you start making payments on the account, the clock will restart on the statute of limitations.
The statute of limitations is different in every state. According to Colorado law, CO Rev Stat § 13-80-101 states:
“(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:
(a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5.”
This means that Colorado debt collectors only have three years to sue you for a credit card debt.
Similarly, CO Rev Stat § 13-80-103.5 states:
“(1) The following actions shall be commenced within six years after the cause of action accrues and not thereafter:
(a) All actions to recover a liquidated debt or an unliquidated, determinable amount of
money due to the person bringing the action, all actions for the enforcement of rights set forth in any instrument securing the payment of or evidencing any debt, and all actions of replevin to recover the possession of personal property encumbered under any instrument securing any debt; except that actions to recover pursuant to section 38-35-124.5 (3), C.R.S., shall be commenced within one year;
(b) All actions for arrears of rent;”
This means you cannot be sued for rental debt debt that is more than six years old.
The table below outlines Colorado's statute of limitations on different types of debt:
Debt Type | Deadline |
---|---|
Credit Card | 6 years |
Medical | 6 years |
Student Loan | 6 years |
Auto Loan | 6 years |
Mortgage | 6 years |
Personal Loan | 6 years |
Judgment | 6 or 20 years |
Colo. Rev. Stat. § 13-80-103.5 |
All Colorado consumers enjoy protection from federal regulations outlined in the Fair Debt Collection Practices Act (FDCPA). The FDCPA prevents debt collectors from:
In addition to the FDCPA, Colorado debt collection laws are enacted to protect consumers from unfair treatment by collectors.
Colorado takes consumer protection a step further in C.R.S.A. § 5-16-105, which declares that once a collection agency is informed that a consumer has hired an attorney, all communication must go through the attorney. It also states debt collectors should not call a debtor's workplace if they know the debtor's employer prohibits these types of calls at work.
The Colorado Fair Debt Collection Practices Act (CFDCPA) closely aligns with the protections outlined in the FDCPA. Consumers whose rights have been violated can file a complaint with the Colorado Attorney General’s Office or the Federal Trade Commission (FTC).
Debt collectors who fail to adhere to the CFDCPA can face fines and penalties, and consumers can file a lawsuit to recoup any damages they may have sustained by debt collectors who didn’t follow the law.
Creditors, debt collectors, government tax authorities, and other entities can file suit against you for unpaid debts. If successful, this can result in a wage garnishment order that allows them to receive a portion of your weekly pay until the debt is satisfied. A wage garnishment can be devastating if you’re already struggling to make ends meet.
Only a few entities can garnish your wages without first taking you to court. If you owe back taxes, child support, or student loans, you may find yourself facing a wage garnishment without first being sued.
Creditors, on the other hand, must first file a lawsuit against you. If you’ve received a Complaint and Summons in Colorado, file an Answer within 21 days to avoid a default judgment and subsequent wage garnishment against you. Filing an Answer preserves your rights in the lawsuit while you work to settle or dispute the debt. Once you have filed an Answer, creditors are more likely to consider debt settlement to avoid the legal expenses of actually going to trial.
Colo. Rev. Stat. § 13-54-104 states that creditors can garnish wages for the lesser of:
Colorado’s current minimum wage is $14.42 per hour. The term “disposable income” can be misleading. In budgeting, we tend to think of disposable income as the money left over after paying all of our financial obligations. However, for the purpose of a wage garnishment, disposable income is your earnings after deductions like state and federal taxes and health insurance are deducted.
The limits for wage garnishment for child support in Colorado are established under Colo. Rev. Stat § 13-54-104. It states that those owing back child support can have their wages garnished up to 65% of their disposable income.
If your goal is to stop wage garnishment in Colorado, you don't have a ton of options. Assuming you owe the debt, the simplest and easiest way to stop a garnishment is to pay the creditor the full amount owed. If you don’t have access to the funds to do so, consider the following options:
The final option to consider is bankruptcy. As we discussed above, bankruptcy should be a last resort option. However, if a wage garnishment has left you without sufficient funds to support yourself and your family, it may be time to consider relief through bankruptcy. Remember that child support, alimony, and back taxes cannot be discharged during a bankruptcy.
If you’ve been sued for debt in Colorado, you need to carefully monitor your case's progress and check the status of your Colorado court case. Most debt collection cases will be heard in the small claims division of the county court where you live if the debt is $7,500 or less. If the debt is larger than that, it will be filed in the district court.
You can request your court records online, but be prepared to wait at least 7-10 days to receive them by mail. You can request your records through the online portals for county courts or for district courts.
Colorado also provides an online docket search to let you see if you have a pending lawsuit and its status through this online platform. You’ll need to know some or most of the following information.
The search results will provide basic information such as the hearing date, how and where to appear in court, and any action required by you.
Hiring an attorney can be tricky and expensive. Luckily, the state of Colorado has several legal aid organizations that can help people who cannot or do not want to hire a lawyer and are representing themselves. Here are some of the prominent legal aid organizations in Colorado:
If you don't feel comfortable sending your court documents over e-file, you can always visit your courthouse and file in person. Use this Colorado Courts Directory tool to find the address of your courthouse. Just click on the county where you live, and a new page will open where you can scroll to the bottom to find the courthouse address.
Knowing where your courthouse is located can help you be better prepared for your trial and stay updated on your case status.
Fore more information about your court, or to get started with the process of drafting and filing your Answer in Colorado, find your local court in the list below.
According to Pew research data from nine states, including Colorado, show that in 2021, 42% of civil lawsuits were the result of debt collection lawsuits. Debt collectors frequently buy debt in bulk from various creditors, and more and more frequently, they then file a lawsuit against the debtor, hoping for a default judgment.
A study by the Center for Responsible Lending found that in a random selection of lawsuits filed by debt collectors, 71% of them resulted in default judgments because the defendant failed to file an Answer or appear before the court. Debt collectors are relying on the number of defendants who are not fighting back to cost-justify the number of debt collection lawsuits they file.
If you owe less than $7,500 and the debt collector is suing you, you should receive notice by mail or through a process server. The Complaint will contain important information about the allegations against you. At a minimum, the complaint should contain:
If you owe more than $7,500, the case will be heard in district court. However, the service of process and complaint you receive should contain similar information.
If a default judgment has been issued, the defendant still has options. If the debt is rightfully yours, and the law was followed in obtaining the default judgment, it may be best to pay it in a lump sum to remove any liens or wage garnishments.
However, if the default judgment was made in error, it can be vacated by the court. Some examples of why a court would relieve a defendant from a final judgment include:
Even after a default judgment, you can still send a Debt Validation Letter. The proof of the debt should be in the court file, but if you failed to file an Answer or appear in court, that proof may have never been examined. It's essential to gather all the necessary information and understand your rights before taking any further action.
If the amount in dispute is less than $15,000, it will be heard in the county court where it was filed. Debts that exceed $15,000 will be heard in the district courts.
According to Colo. R. Civ. P.4, a Summons will contain all of the information below:
According to the state’s rules of civil procedure, the Complaint should be served with the Summons, allowing the defendant time to file an Answer and preserve their standing in the lawsuit.
So, in short, here's the review on how to Answer a Summons for debt collection in Colorado.
Here's a list of guides on how to respond to a debt collection lawsuit in each state:
Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.
Statute of Limitations on Debt Collection by State (Best Guide)
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.
Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" – Heather.
Get started.Our Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
Let's Do It.